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Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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I have had my record expunged under the first offenders act

Customer Question

I have had my record expunged under the first offenders act in the state of Arkansas for over 3 years now. I went to buy my son a .22 for his birthday and was denied the purchase due to "being a convicted felon" what is going on. I have the copy of the expungement from the court I was sentenced in. thanks for your time and God Bless America.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of experience handling firearms related matters just like this one. It is a pleasure to assist you today.

It sounds like the State of Arkansas did not upload your order of expungement onto the NCIC (which is the FBI criminal history database). You need to get with the Court and make sure they forwarded the order to the Arkansis CIC. You then need to make sure than they upload it to the NCIC.

As you know, this is something that you will have to hold their hands on to make sure it gets done. The squeaky wheel gets the grease here. They are government employees and not necessarily motivated to help. You are going to have to press them on the issue.

Let me know if you have any other questions or comments.

Please also rate my answer positively if you don't mind.

Best wishes going forward!

Customer: replied 1 year ago.
I do know for a fact that it was sent and updated. I have checked with law enforcement officials and they ran a background check on me and they found no records. I do not understand what is going on.
Expert:  Delta-Lawyer replied 1 year ago.

That is really weird. The expungement should make the charge as if it did not exist. Sometimes in the scenario, the felony arrest will show up, even though the conviction is taken away. That is something to look into because it may be in play here.

The other mechanism that you need to be aware of is that local law enforcement are not necessarily tapping into the full NCIC system like a gun background check...or Brady check. So, they may not be seeing the whole picture.

Here is a helpful hint on avoiding this problem. Go buy a gun permit from the State of Arkansas. They will run a background check as well. They may ask about the expungement and you can provide them the order.

Once it is granted, you can use your gun permit in the gun purchase process and they will likely not even perform a Brady check on you. I have had clients use this tactic in this or similar situations in the past.

Plus, you have the added benefit of having a concealed carry permit as well.

Let me know if you have any other questions and please rate my answer positively.

Customer: replied 1 year ago.
Where and how do I buy a gun permit. And what all does it encompass?
Expert:  Delta-Lawyer replied 1 year ago.

You can get the application through the Arkansas State Police. Any ASP office should have an application. You fill out the application, get finger printed and pay an application fee. Normally within 45 days, they will issue you a permit after they complete their background check.

The background check is the same that is done on a Brady check. If there is an issue there, you can then handle at the state level and they will also take care of the federal issue. Then once issued, you don't have to go through a Brady check.

Customer: replied 1 year ago.
Ok. Now what if instead they simply sealed my record instead of expunging it even though at the courthouse the clerk informed me that it had been expunged. How would I find that out for an absolute fact and what would the next step be?
Expert:  Delta-Lawyer replied 1 year ago.

You would need to go to the court of conviction that issued the order of expungement and ask for a copy and read it yourself. You also need to contact the Arkansas State Police and get a copy of your NCIC criminal history. It should show exactly what is on your record. You can then better assess what the issues are...if it was simply sealed, that will show up. If expunged, your record should be clear relative to that issue.

Customer: replied 1 year ago.
Also. The record states that the order to dismiss and seal has been granted and all has been accepted by the state of Arkansas
Expert:  Delta-Lawyer replied 1 year ago.

An order to dismiss and seal is not the same as expunge. An order of expungement makes it as if it never happened. It whipes it clean. A sealed felony record does not restore your gun rights as a felon.

Customer: replied 1 year ago.
Ok then I need to first verify if an expungment has actually taken place before I do anything else. Correct?
Expert:  Delta-Lawyer replied 1 year ago.

That is exactly right. First things first. Make sure your record was expunged by order of the court that convicted you.

Customer: replied 1 year ago.
If it is not expunged how would I go about that process and why would it not be.
Expert:  Delta-Lawyer replied 1 year ago.

You have to petition for an expungement of your criminal conviction. If you did not do that initially, that is why it is not expunged. You have to file a petition in the court that convicted you, typically have a hearing and convince them you are rehabilitated and deserve to have your record cleared.

Customer: replied 1 year ago.
Ok. But from my understanding that the petition to dismiss and seal has been adopted by the state of of Arkansas in accordance with A.C.A. 16-90-905 instead of expungment.
Expert:  Delta-Lawyer replied 1 year ago.

It does not have the same affect as expungement in the feds view though. The Arkansas law may mask from potential employers, but does not whipe the conviction away from gun ownership purposes as the feds view the issue.

Customer: replied 1 year ago.
I understand the difference but if Arkansas has adopted that instead of expugment what can I do then?
Expert:  Delta-Lawyer replied 1 year ago.

The court can still issue an order of expungement. They are not statutorily precluded from issuing an expungement just as the governor can issue a pardon which has a very similar effect.